Nkansah Vrs Bekoe [2023] GHADC 375 (20 July 2023)

Nkansah Vrs Bekoe [2023] GHADC 375 (20 July 2023)

The court found that the Respondent vacated the matrimonial home without the Petitioner's consent since 2020, that the parties had not lived as husband and wife for at least two years, and that all reconciliation efforts had failed. The marriage was deemed irretrievably broken down under Act 367, Section 2.

Citation
[2023] GHADC 375
Parties
Petitioner: Maxwell Nkansah; Respondent: Henrietta Adobea Bekoe
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 July 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Custody, Alimony, Maintenance, Property Division
Source Language
English
Family Law Divorce Custody Alimony Maintenance Property Division

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Parties

Maxwell Nkansah

Petitioner

Henrietta Adobea Bekoe

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act 1971 (Act 367)
  2. 2 Whether the Respondent deserted the Petitioner
  3. 3 Entitlement to alimony, custody, maintenance, and return of property

Ratio Decidendi

The court found that the Respondent vacated the matrimonial home without the Petitioner's consent since 2020, that the parties had not lived as husband and wife for at least two years, and that all reconciliation efforts had failed. The marriage was deemed irretrievably broken down under Act 367, Section 2.

Court Disposition

petition granted; marriage dissolved

Orders

  • Petitioner to pay alimony of GH¢10,000.00 to Respondent
  • Custody of child Cedrick Nkansah granted to Respondent with reasonable access to Petitioner